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Judgment
(Order of the Court was made by S.M.Subramaniam, J.)
The writ of Mandamus has been instituted to direct the third respondent to consider and dispose of the joint representation, application dated 20.08.2026 submitted by the petitioners seeking temporary removal of the lock and seal affixed to the premises bearing Door No.16 V.K.Pillai Street, Choolai, Chennai -600 112, solely for the purpose of carrying out rectification/removal of the deviated/non-conforming portions of the building.
The learned counsel for the petitioners would mainly contend that the petitioners have already taken a decision to demolish the unauthorised and deviated portion of construction and in this regard, they made a request for removal of lock and seal temporarily for the purpose of rectification. Since the said application dated 20.08.2026 has not been considered, the present writ petition came to be instituted.
The writ petitioners in paragraphs 10 and 13 of the sworn affidavit filed in support of the writ petition has stated that the petitioners are willing to rectify the deviation and demolish unauthorised portion of construction. Further, they have given an undertaking that no fresh unauthorised construction or alteration contrary to the sanctioned plan will be carried out.
Paragraphs10, 12 and 13 of the affidavit has been extracted hereunder:
10.I submit that the petitioners are conscious of the deviations pointed out by the competent authorities. The petitioners are not seeking to dispute the authority of the competent Corporation to require removal of the portions which are not in conformity with the sanctioned plan. The petitioners are instead ready and willing to comply with the same.
12.I respectfully submit that the petitioners have now jointly decided to resolve the pending issue and undertake the necessary rectification/removal work at their own cost. The petitioners have specifically undertaken that they will:
•remove the portions found to be in deviation from the sanctioned plan;
•carry out the civil work in accordance with the approved plan;
•engage qualified professionals wherever necessary;
•permit inspection by the Corporation officials;
•comply with all conditions imposed by the competent authority; and
•complete the rectification/removal work within four months from the date of temporary removal of the lock and seal.
13.I respectfully submit that the petitioners are no seeking regularisation of the unauthorised construction through the said representation. The petitioners are not seeking permission to continue any unauthorised construction. The limited request made before the 3rd respondent is to permit the petitioners to have lawful and controlled access to the sealed premises solely for the purpose of removing the deviated/non-conforming portions and carrying out the necessary rectification work. The petitioners have expressly undertaken that no fresh unauthorised construction or alteration contrary to the sanctioned plan will be carried out.”
In view of the limited submission made on behalf of the petitioners to rectify the unauthorised construction/deviation, this Court is inclined to direct the respondents to remove the lock and seal within a period of two days from the date of receipt of a copy of this order. On such removal, the petitioner shall commence rectification works forthwith. The petitioner is granted two months time to rectify the deviation and to demolish unauthorised construction and restore the building as per the building plan permission granted by the competent authority. The authorities are directed to conduct inspection and ensure that the building has been restored in line with the building plan permission within a period of two months.
With these directions, the writ petition stands disposed of. No costs.